Tribunal ends after EC members quit, outcome ‘academic’, says chairman


Noel Achariam

Five-member panel agrees a costly tribunal is no longer in the public interest, after all six EC members in question resign their post. – The Malaysian Insight pic by Kamal Ariffin, May 24, 2019.

THE tribunal investigating allegations of misconduct during the 14th general election by six former Election Commission (EC) members will not proceed because the matter has become purely academic, according to the tribunal chairman retired Federal Court judge Steve Shim.

He said the six people in question had already stepped down.

“Is it in the public interest or national interest to spend so much time, energy and expense, merely to see the removal of six election commissioners, when they have removed themselves voluntarily?

“I find it does the public interest no good. It would be an exercise in futility,” he said at the Asian International Arbitration Centre in Kuala Lumpur today.

The five-member panel came to the conclusion following a majority recommendation that it would not proceed.

Alongside Shim, the panel includes Jeffery Tan Kok Wha, Zaleha Zahari, Suriyadi Halim Omar and Prasad Sandosham Abraham.

Thirteen charges were laid against the former EC members over their role in preparing a controversial delineation report and the manner in which GE14 was conducted.

Tribunal members Zaleha and Suriyadi concurred with Shim’s views on putting an end to the tribunal.

They said that it was academic since the EC members were no longer with the EC and, as such, the proceedings could not longer serve its purpose.

“This is academic and the tribunal doesn’t have to proceed,” said Zaleha.

Suriyadi, meanwhile, said there were no cogent facts and he would not speculate on mere allegations.

“I will not pursue the matter and I totally agree and support the view that it is academic.”

Two other tribunal members dissented, arguing that the tribunal should proceed as it was a matter of public interest.

“The King had agreed to the formation of the tribunal. The members must be investigated because they were still in office.

“The function of the tribunal is to investigate the matter,” said Prasad. 

Tan said the tribunal should continue to see if the EC members had obstructed free and fair elections.

Shim said that all five reports on their findings will be submitted to the Yang di-Pertuan Agong and Prime Minister Dr Mahathir Mohamad. – May 24, 2019.


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